Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bank of India Retired Employees Medical Assistance Scheme. v. ITO (2023) 203 ITD 635 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-Registration is granted-Eligible for benefit of section 11 and 12 [S. 12, 12A, 12AA, 148]

Annadaneshwara Charitable Trust. v. ITO (2023) 203 ITD 641 (Bang) (Trib.)

S. 11 : Property held for charitable purposes-No registration-Only net income can be taxed and not gross receipts.[S.12A , 12AA, 143(1)]

Gujarat Council of Science City. v. DCIT (2023) 203 ITD 218 (Ahd) (Trib.)

S. 11 : Property held for charitable purposes-Advancement and promotion of science and technology-Not in nature of imparting education-Nature of general public utility-Matter restored to Assessing Officer to determine whether these general public utility activities were commercial in nature-Delay of 178 days condoned.[S. 2(15) 253 , 254(1)]

Saroj Gopal Educational Society. v. ITO (2023) 203 ITD 62 (Raipur) (Trib.)

S. 11 : Property held for charitable purposes-Exemption declined-The Assessing Officer is obligated to have considered its claim for deduction of expenses raised in income and expenditure account while deducing its taxable income.[S. 12, Form No.10A , 10B]

Shri Namiyun Parswanath Jain Swetamber Manidhari Trust v. ITO (2023) 203 ITD 433 (Jabalpur)(Trib.)

S. 11 : Property held for charitable purposes-Form No 10B was not uploaded along with return-Procedural defects-Procedural defect which was rectifiable, issue was to be restored to Assessing Officer to adjudicate afresh. [S. 11, 12A, Rul3. 17B , Form No 10B]

ITO v. Laxminarayan Mandir Trust. (2023) 203 ITD 477 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-Development agreement-Advance received-Transaction of sale is concluded after grant of approval by Charity Commissioner vide order dated 31-3-2021-No addition can be made for the relevant assessment year-Notional interest-No real interest was accrued or received nor same was recorded by assessee in its books of account, addition made on account of notional interest by Assessing Officer is deleted [S.12A, 13(1)(c) ,13(2(a), 22 , Bombay Public Trust Act, 1950 , S.36]

Give Foundation. v. JDIT / DIT (2023) 203 ITD 612/108 ITR 605 (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Donations from various donors-Small portion retained to meet administrative expenses-Remaining donations distributed to various charitable organisations-Matter remanded to the Assessing Officer to decide the claim in accordance with law laid down by Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority. [S. 2(15), 12AA]

DCIT v. Shree Saraswati Education Sansthan. (2023) 203 ITD 668 (Ahd) (Trib.)

S. 11 : Property held for charitable purposes-Educational activities-Not registered under section 12A-Computation has to be done under normal provision of the Act-Corpus donation of Trust-Addition cannot be made while computing as per normal provisions of the Act-Anonymous donations-Only applicable to trusts which are registered under section 12A, and does not deal with unregistered charitable trusts-Donations cannot be added as cash credits. [S. 12A 68, 115BBC , 158BC]

Humuza Consultants. v. CIT (2023) 203 ITD 799 (Mum) (Trib.)

S. 10(38) : Long term capital gains from equities-Additional evidence-Directed the Assessing Officer to admit the additional evidence and allow the claim of exemption.[S.45 , 68 , 250]

Vivekananda Resham Khadi Gramodyog Sangha. v. ACIT, CPC (2023) 203 ITD 753 (Kol) (Trib.)

S. 10(23B) : Khadi or Village Industries-Period for which certificate is to be granted is not within control of assessee-Technical violation-Denial of exemption is not justified.